1 APPLICATION OF TERMS
The Hiringa Energy www.hiringa.co.nz Website ("Website") including the Website content and services ( jointly called "Services") provided are owned, operated and provided by Hiringa Energy Limited (“Hiringa”, ”us”, ”we”).
In these Terms anyone accessing the Services is referred to as “you” or “your”.
Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the Services, and you must immediately stop doing so.
2 CHANGES TO THESE TERMS
We may change these Terms at any time without notice to you, by updating them on the Website. Unless stated otherwise, any change takes effect immediately.
You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
These Terms were last updated on 16 February 2019.
3 YOUR USE OF THE SERVICES
You agree that you will:
not use the Website for any unlawful purpose;
not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System;
provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete;
not copy, reproduce, reverse engineer, decompile, disassemble, resell, distribute, or modify any part of the Services;
unless with our agreement, access the Website via standard web browsers only and not by any other method including scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method; and
only use the Services as specifically permitted by these Terms.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.
4 INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website and any materials available on or generated by the services (Content), including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel, and the Underlying Systems.
We grant you a non-exclusive, royalty free license to use the Content for your own reasonable private and non-commercial use only.
You own the intellectual property rights to any data provided by you. You are solely responsible for the legality, reliability, integrity, accuracy and quality of your data, and you grant us a non-exclusive right to use your data to provide the Services or as otherwise expressly permitted by you.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
the Website being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through the Website;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website.
To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; anany site linked from the Website.
Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6 NO WARRANTY
We do not represent or warrant that the Services or any part of them will:
operate on a continuous or fault free basis at any particular time or location;
be secure or private; or
be free from viruses or other harmful features (including files displayed or obtained from or through the Services or any website linked to them.
We do not warrant the accuracy, correctness, reliability, adequacy, suitability for purpose of completeness of the Services.
If you are using the Services for business purposes then you agree that the Consumer Guarantees Act 1993 will not apply to your use of, or reliance on, the Services.
7 OUR LIABILITY IS LIMITED
To the maximum extent permitted by law:
you access and use the Website at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
We recognise the importance of keeping your data safe. You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, and research and development. By accessing and using our Services, you consent to our use of such analytical tools to collect information about your access to and use of the Services.
Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
in relation to the proposed purchase or acquisition of our business or assets; or
where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
Any personal information you provide to us may be stored on the secure servers of our service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org
9 SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
If we need to contact you, we may do so by email. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand.
Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. If you access the Services from outside New Zealand, you will be responsible for compliance with local laws
Clauses which, by their nature, are intended to survive termination of these Terms, continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
In these Terms:
Including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website